People v. Lawson

596 N.E.2d 1235, 232 Ill. App. 3d 284, 173 Ill. Dec. 356, 1992 Ill. App. LEXIS 1036, 1992 WL 150984
CourtAppellate Court of Illinois
DecidedJune 30, 1992
Docket4-91-0805
StatusPublished
Cited by14 cases

This text of 596 N.E.2d 1235 (People v. Lawson) is published on Counsel Stack Legal Research, covering Appellate Court of Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Lawson, 596 N.E.2d 1235, 232 Ill. App. 3d 284, 173 Ill. Dec. 356, 1992 Ill. App. LEXIS 1036, 1992 WL 150984 (Ill. Ct. App. 1992).

Opinion

JUSTICE KNECHT

delivered the opinion of the court:

Following a jury trial, defendant was convicted of first degree murder (Ill. Rev. Stat. 1989, ch. 38, par. 9 — 1) in the circuit court of Macon County and sentenced to 50 years’ imprisonment. Defendant appeals his conviction and sentence as well as denial of his supplemental post-trial motion for a new trial based on newly discovered evidence. Defendant alleges (1) the victim’s dying declaration was improperly admitted; (2) evidence of a prior shooting was improperly admitted; (3) he was deprived of a fair trial by the prosecutor’s closing argument; (4) guilt was not proved beyond a reasonable doubt; (5) the supplemental post-trial motion for a new trial based on newly discovered evidence was improperly denied; and (6) the sentence of 50 years’ imprisonment was excessive.

I. Facts

On March 26, 1991, at approximately 7:45 p.m., Robert Hauskins, whose residence overlooks the east edge of Lincoln Park in Decatur, heard four gunshots coming from the park below. He immediately telephoned the police. Hauskins then heard six or seven more shots, went to the window, and observed the headlights of a car turning around in the road near the parking lot in the park. Hauskins went into the park with a flashlight and met Officer George Harris, and he directed him toward the area where he had heard the gunshots and had seen the car. Both witnesses heard a voice calling “ ‘Help me. I’ve been shot.’ ” They approached the edge of an embankment and Officer Harris shined his flashlight down into the ravine. Approximately 20 to 30 feet below, they observed the victim, Tony Singleton, lying on a pile of debris and again saying “ ‘Help me. I’ve been shot.’ ” Officer Harris radioed for an ambulance and went down the embankment to take a statement from the victim. After giving his name, the victim said, “ ‘Help me. I’m dying. I’ve been shot in the back. Get me out of here. You need to get me out of here.’ ” Officer Harris asked the victim who had done this and the victim said, “ ‘Bryan Lawson is the one who did this to me.’ ” The statement was then repeated, “ ‘Bryan Lawson did this to me.’ ” As the ambulance was arriving, the victim stopped speaking and lost consciousness. At approximately 8:09 p.m., while at the scene with the emergency equipment, Officer Harris heard additional gunshots coming from another location in the park. The victim was transported to the hospital and pronounced dead at approximately 8:35 p.m. He had been shot a total of nine times and bled to death from his wounds. Officer Harris stated he searched the area and found four .380 caliber cartridges in the roadway near the ravine and a pair of shoes, later identified as belonging to the victim, near the basketball court. The following day, a 9 millimeter cartridge was found in the same general area.

At trial, the State called Owen Bates as an eyewitness. He stated that on March 26 he was drinking beer at a picnic table in Lincoln Park when the defendant, the victim, codefendant Stacy Peoples, and a male Bates did not know arrived. Bates heard the group arguing near the basketball court and saw Stacy Peoples searching the victim’s clothes and shoes. Stacy Peoples threw the shoes toward the parking lot. Bates testified that he then heard a shot and saw the victim fall down in the grass. The victim got up and ran, and the defendant ran after him shooting a gun. When Bates saw the victim and the defendant running toward the street, Bates ran up a hill toward the tennis court. He stated that two cars were parked in the parking lot when the shooting began, one of which was a little blue car, and the other a brownish-colored car.

During cross-examination, Bates stated he was on intensive probation due to a prior conviction for forgery and that he had 10 violations of probation pending at the time of trial. Bates also admitted he had given the police a number of versions of the events of March 26 regarding who was present and how the shooting had occurred. The morning following the shooting, Bates was stopped by Officer Montgomery for driving on a suspended driver's license. Bates at that time told Montgomery that he had seen Bryan Lawson shoot Tony Singleton in Lincoln Park. Bates told Officer Montgomery he was in a car with his cousin Clarence Jones when they heard shots fired. Bates also reported there were a lot of people playing basketball at the time of the shooting and everyone left when shots were fired. Bates later admitted that Clarence Jones did not exist.

On March 28, 1991, Bates was arrested on unrelated charges and interviewed by several police officers while in jail. Bates told Officer Begs he did not see the shooting. On March 30, Bates told Officer Beck that on the afternoon of March 26 he went to Lincoln Park to play basketball with Chuck Jones (but he admitted at trial that he actually had gone with his cousin “Cheeseball”). Bates also told Officer Beck that the victim arrived at Lincoln Park in a brown vehicle driven by an unknown black male and that he had played basketball with the victim, Chuck Jones, and other black males at Lincoln Park. Bates told Officer Beck that 15 minutes after the basketball game began, the defendant and Stacy Peoples arrived.

At trial, Bates admitted he had lied to Officer Beck during the investigation because “I didn’t want to do myself any more damage than what I was.” He testified that when he had given previous statements to the police about Singleton playing basketball, he had done so because he was scared. Bates acknowledged that except for the interview with Officer Begs when he denied being a witness to the shooting, every time he talked to the police he told them he saw the defendant shoot Tony Singleton.

The second eyewitness at the scene was a high school student named Jeremy Goucher. He testified that on the night of the shooting, he was going down to the river to go fishing with his friend David Sweet. Halfway down a hill in the park, he observed two people by the basketball court, one of whom pulled out a gun and started shooting. Goucher testified the man doing the shooting was wearing a green shirt and blue jeans with ripped knees and bleach spots all over. He also testified that the gunman’s hair was long and greasy. (A girlfriend and a sister of the defendant subsequently testified that defendant’s hair had never been worn long and greasy and they never saw him wear jeans with bleach spots and ripped knees.) Goucher testified he and Sweet dropped their fishing equipment and ran home. Goucher later returned to the scene to pick up his fishing equipment and at that time spoke to the news media, telling them he had heard shots but had not seen anything.

David Sweet testified that on the evening of March 26, he and Jeremy Goucher went over to Sandy Smothers’ house. While listening to a police scanner they heard something about the police needing assistance in Lincoln Park. He and Goucher and two other people at the Smothers residence then left to go to the park. Sweet and Goucher first stopped next door at Goucher’s house and picked up fishing equipment. As they approached the park, they heard what sounded like shots. When they arrived, they saw the rescue team lift Singleton out of the ravine. They stayed and watched the activity for approximately 10 to 15 minutes and then returned to Sandy Smothers’ house.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

People v. Perkins
2018 IL App (1st) 133981 (Appellate Court of Illinois, 2018)
People v. Hatchett
922 N.E.2d 474 (Appellate Court of Illinois, 2009)
People v. Beard
825 N.E.2d 353 (Appellate Court of Illinois, 2005)
People v. Tolliver
807 N.E.2d 524 (Appellate Court of Illinois, 2004)
People v. Georgakapoulos
Appellate Court of Illinois, 1999
Hopkins v. Commonwealth
448 S.E.2d 316 (Court of Appeals of Virginia, 1994)
People v. Walker
635 N.E.2d 684 (Appellate Court of Illinois, 1994)
People v. Brooks
623 N.E.2d 1380 (Appellate Court of Illinois, 1993)

Cite This Page — Counsel Stack

Bluebook (online)
596 N.E.2d 1235, 232 Ill. App. 3d 284, 173 Ill. Dec. 356, 1992 Ill. App. LEXIS 1036, 1992 WL 150984, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-lawson-illappct-1992.